Textiles Mission supports development of Indigenous Thermal Testing Instruments (See 'Corp Brief') IPR - unfair advantage of reputation and goodwill amassed by plaintiff's marks, calls for passing off against defendant: HC (See 'Legal Desk') FERA - If exporter chose to realise export proceeds in the Indian Currency, then he had to ensure that export is made within bilateral framework of trade: SAFEMA (See 'Legal Desk') Benami - Even if there are cash infusions into bank accounts of alleged benamidar, no provisional attachment can be made in absence of evidence to show that such infusions are made by beneficial owner: SAFEMA (See 'Legal Desk') Ministry of Tourism participates in World Travel Market (See 'Corp Brief') DoT leads thematic session on India's telecom innovation (See 'Corp Brief') IPR - Refusal of registration is contingent upon existence of 'likelihood of confusion': HC (See 'Legal Desk') Startup supported by DST demonstrates 500 km Quantum-Safe Network (See 'Corp Brief') Competition Law - Dominance alone does not constitute abuse u/s 4 and competition law will intervene in digital platforms only where market-wide harm, exclusionary conduct, or unfair leveraging is evident: CCI (See 'Legal Desk') MOIL achieves best-ever October Production since Inception (See 'Corp Brief') Competition Law - Back interest charges stemmed from internal bank error constituted contractual dispute and not competition law concern: CCI (See 'Legal Desk') MoS tells NRI scientists - 'You are not outsiders' (See 'Corp Brief') No Blanket cancellations of REIA-Awarded Projects: Govt (See 'Corp Brief') India, Israel ink MoU for co-development & co-production of advanced defence tech (See 'Corp Brief') SARFAESI - CJM's role under Section 14 of the SARFAESI Act is limited to ministerial functions and does not involve adjudication: HC (See 'Legal Desk') EPFO, NITI Aayog organize Seminar on Social Security in Electronic Industry (See 'Corp Brief') MeitY generates Rs 41 lakh Scrap Revenue (See 'Corp Brief') IPR - Use of essential element in competing marks creates a likelihood of confusion, and continued registration of impugned mark is not permitted: HC (See 'Legal Desk') India strengthens global partnerships with Mauritius and UNESCAP in Doha (See 'Corp Brief') DRDO leads thematic session on 'Electronics & Semiconductor Manufacturing' (See 'Corp Brief') PMLA - As per settled precedent, property of equivalent value to proceeds of crime can be attached, even if Appellant is not accused in scheduled offence: SAFEMA Appellate Tribunal (See 'Legal Desk') Scindia hails growth of Indo-French ties at Indo-French North-East Investment Forum (See 'Corp Brief') Misc - Court under Order IX Rule 26 has power to appoint Local Commissioner to ascertain market value of any property, or amount of mesne profits or damages: HC (See 'Legal Desk') Scindia confers Bharat Ratna Hazarika National Awards (See 'Corp Brief') Controller General of Accounts inaugurates Delhi circle Pension Campaign (See 'Corp Brief') Competition Law - Mere dissatisfaction with tender terms or with rejection of bid cannot lead to presumption of imposition of unfair or discriminatory conditions and abuse of dominance: CCI (See 'Legal Desk') Coal India Celebrates 50 Glorious Years of Nation Building (See 'Corp Brief') Scindia lays bricks for Integrated Sohra Tourism Circuit (See 'Corp Brief') Naidu inaugurates creche facility at Udaan Bhawan (See 'Corp Brief') IPR - Mere expiry of trademark registration does not, by itself, justify removal from Register, and such removal must be preceded by strict compliance with mandatory requirement of issuing a Form O-3 notice: HC (See 'Legal Desk') GeM organises Session on 'Compliance with Law in Public Procurement' (See 'Corp Brief') MoSPI signs MoU with IICA to develop SDG Alignment Framework (See 'Corp Brief') India's emphasis on overflight in Indo-Pacific is not against any country: RM (See 'Corp Brief') FEMA - Inward remittances labelled 'grants' may be treated as capital account transactions if there are contingent liabilities or obligations that convert them into capital in substance: SAFEMA (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT)

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

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